Sec. 6.12. Measurement and Computation

6.12.1. Height

A. Height maximums for residential uses shall be calculated by the vertical distance from finished ground level of one corner of the structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., at the applicant’s discretion, to the highest finished surface. Height for nonresidential uses shall be calculated by the vertical distance from the average of the finished ground level to the finished roof surface of a flat roof or the point at the average height of a roof having a pitch; except for mansard roofs, which shall be measured to the highest finished surface. For buildings with more than one façade along the street, each buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façade shall be measured independently. Height for any buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. with multiple roof levels shall be determined by the highest roof level.

1. The average finished ground level shall be calculated by averaging the spot elevations for all buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. corners on a single structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.. Multiple, unattached structures on the same site shall have independently calculated average gradeClosed A land disturbing activity that modifies the contours of the land. for the purposes of measuring the height of each individual structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

           

2. Except in Design Districts, height for any buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. with multiple roof levels shall be determined by the highest roof level.

3. In Design Districts for buildings where multiple height standards apply, see Sec. 16.3, BuildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Design.

B. The height limitations shall not apply to steeples, decorative features including parapet walls less than four feet tall, roof access structures, towers less than 250 square feet, air conditioning units, utility poles, mechanical features (including those for solar energy systemsClosed An energy system which converts solar energy to usable thermal, mechanical, chemical, or electrical energy to meet all or a significant part of a structure’s energy requirements.), roof access structures for mechanical equipment or stairways, belfries, lightning rods, antennasClosed Any apparatus designed for the transmitting and/or receiving of electromagnetic waves to include but is not limited to telephonic, radio or television communications. Types of elements include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. other than those regulated in Article 5, UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Regulations, water towers, clock towers, or any other tower up to 100 square feet in area which is not used for transmitting and receiving electronic signals or is not a corner tower elementClosed A corner tower element is an accentuated vertical element located on a building corner at a street intersection allowed to be taller than the rest of the building. regulated within Sec. 16.3, BuildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Design.

6.12.2. Building Width

BuildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. width shall be measured by the distance along the front plane of any buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. (as determined by the location of an entrance fronting on a street) at the point of the street yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., except in accordance with Sec. 6.8, Infill Development in Residential Districts, when the prevailing setbackClosed The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. shall be used to fit the point of measurement.

6.12.3. Required Yards

A. General Standards for Required Yards

1. Required yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be unobstructed by structures, or objects constructed or erected in a fixed location on the ground, unless allowed by standards found elsewhere in this Ordinance.

2. Required yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. and other open areas provided for one lot or structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall not be considered as providing yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. space for another structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or lot.

3. Required yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be calculated from the adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. property line or street right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.. If a new right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. width has been established by the adoption of an official transportation planning document, then the yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirement shall be measured from the proposed right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. line.

4. For lots that have multiple property lines that are to the side and rear of a lot, only one lot line, determined by the applicant, shall be considered a rear property line for determining the rear yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., and all others shall be considered side lot lines.

5. For corner lots, there shall be only one rear yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., determined by the applicant, and the other yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be side or street yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. as applicable.

B. Encroachments into Required Yards

Unless otherwise regulated within this Ordinance, the following encroachmentClosed When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. standards shall apply:

Commentary: EasementsClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., other ordinances, or other legally established restrictions may limit encroachmentsClosed When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. otherwise allowed by this Ordinance.

1. Chimneys, pre-fabricated chimneys, flues, or smokestacks can extend into yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. spaces but shall not occupy more than 30 square feet of the required yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. space.

2. Fire escapes can project up to eight feet into any required yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.. Fire escapes in the DD District are permitted to extend beyond the property line.

3. Cornices, eaves, ornamental features, and awnings can extend up to five feet into any required yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., but shall remain at least two feet from the property line in side and rear yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., except on zero lot lineClosed A detached dwelling unit positioned on one property line without any setback. homes.

4. MarqueeClosed A permanent canopy projecting over an entrance. signsClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. can extend into yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. spaces in conformance with standards found in the Sec. 11.6, Signs Requiring Permits.

5. Pedestrian bridges, breezeways, and supports of these structures can extend into required yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for transit access.

6. Security gates and guard stations can be located within any required yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

7. Decks, uncoveredClosed The removal of ground cover from, on, or above the soil surface. terraces, and at-grade patios can extend up to four feet into any required side yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., or up to eight feet into any required street yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., or within four feet of a rear property line. Nonenclosed covered decks, porches, and stoops (of up to 50 square feet) can extend eight feet into required street and rear yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.; however, a minimum setbackClosed The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. of five feet from the property line shall be maintained. Non-enclosed covered stoops can also encroachClosed When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. up to five feet in side yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., but shall remain at least two feet from the property line in side and rear yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

8. Surface parking and associated lighting, uncoveredClosed The removal of ground cover from, on, or above the soil surface. steps, and handicapped access ramps can be located within any yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

9. Except in Design Districts, bay windows, entrances, balconies, and similar features can extend up three feet into any required yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., but shall remain at least three feet from the property line when encroachingClosed When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. into the required yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

10. In Design Districts, refer to Sec.16.2 and Sec. 16.3 for balconies and bay windows.

11. Mechanical equipment for residential uses, such as HVAC units and equipment for a solar energy systemClosed An energy system which converts solar energy to usable thermal, mechanical, chemical, or electrical energy to meet all or a significant part of a structure’s energy requirements., can extend into any required side and rear yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. but shall remain at least three feet from the property line.

12. Trellises and pergolas can be located within any required yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

13. Fences and walls pursuant to Sec. 9.9, Fences and Walls, can be located within any required yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

14. Cabinets, such as “little libraries” or “blessing boxes,” can be located within any required yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

a. A maximum of one is allowed in any street yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

b. The maximum size of the cabinet shall be 21 cubic feet.

6.12.4. Density

A. Number of Units Allowed

The calculation of the number of units allowed per minimum or maximum densityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. requirements can result in a fraction of a unit. If the fraction is less than one-half, the fraction shall be deleted. If the fraction is one-half or greater, the number shall be rounded up to the next whole number.

B. Existing Right-of-Way

Other than calculating the densityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonus area pursuant to paragraph 6.4.3A, Major Roadway Density Bonus Area, all existing right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be excluded from the calculation of the area of a project for densityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. purposes. Right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall mean the ultimate right-of-wayClosed A line running more or less parallel to the centerline of certain existing or proposed streets for the purpose of determining future width as established by officially adopted transportation plans. of a roadway as established by NCDOT or the City of Durham, as appropriate.

C. Improvements

Area dedicatedClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. as public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., or other public facilityClosed A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government. sites reservedClosed The withholding by a private entity of specific real estate from development pending acquisition by a public agency. or dedicatedClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency., pursuant to an adopted plan shall be credited towards the densityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. calculation.

6.12.5. Flag Lots

A. Dimensions

1. Standard Flag Lot

The extension, or “pole,” for flag lots shall be a minimum of 20 feet in width.

2. Reduced Pole Width Option

In the Urban Tier and lots with RU zoning or RS-M zoning in the Suburban Tier, the extension, or “pole,” for flag lots can be a minimum of 12 feet in width. The following shall also apply:

a. Structure Size and Height Limit

The primary structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. on a flag lot with a pole less than 20 feet shall have a maximum height of the lesser of 2 storiesClosed The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. or 32 feet and maximum size of 1,200 heated square feet.

(1) A platClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. shall be recorded to specify the house size limitations.

(2) Primary structures existing prior to February 25, 2019, shall not be limited to these standards and may be improved in accordance to the applicable single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. detached housing type standards and other applicable standards.

(3) A vacant flag lot with a pole of less than 20 feet recorded prior to the effective date of these standards may be developedClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as a standard flag lot.

b. Remaining Standard Lot

The minimum lot widthClosed The distance between the side lot lines, measured along a straight line parallel to the front property line or parallel to the chord of the front property line at the street yard setback line or at the building line on flag lots or gore shape lots. of the remaining standard lot created from the parentClosed An affiliate that directly, or indirectly through one or more intermediaries, controls another person. parcelClosed See “Lot of record.” shall be 35 feet.

c. Sustainable Requirement

Small Lots and Reduced Pole Flag Lots must include one approved sustainable feature including ribbon drivewayClosed Also called “strip driveway,” a driveway that consists of two parallel strips of concrete, pavers, or similar all-weather material with groundcover or similar pervious material in between., grid‐connected solar photovoltaic array1, solar hot water heating for domestic hot water2, spray foam insulation, Green Building CertificationClosed One of the following certifications: any level of Leadership in Energy and Environmental Design (LEED) certification; Energy Star certification; SystemVision standard; Living Building Challenge standard; Home Energy Rating System HERS Index Score of 50 or lower; Passive House certification; or National Green Building Standard certified., use of WaterSense products3, no on‐site parking, downspouts not piped to the right‐of‐way, or projects utilizing any part of the Affordable Housing Bonus as outlined in Section 6.6.

(1) An on‐site system that is estimated by the installer to produceClosed A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. at least 25% of the home’s energy needs.

(2) Energy Star certified water heating system designated as Solar with Electric Backup or Solar with Gas Backup.

(3) To satisfy this requirement all toilets, bathroom faucets, and showerheads must meet EPA criteria for WaterSense.

B. Setbacks

All perimeter lot lines shall be side yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for setbackClosed The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. purposes.

C. Access

Where a flag lot abuts an improved and maintained alleyClosed A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street., motor vehicleClosed All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. access shall only be taken from the alleyClosed A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street..

D. Driveways

DrivewaysClosed A private roadway located on a parcel or lot used for vehicle access. may be shared for multiple flag lots, and for the new flag lot and remaining standard lot if the drivewayClosed A private roadway located on a parcel or lot used for vehicle access. for the standard lot is new or to be relocated. Recorded shared access agreements are required for shared drivewaysClosed A private roadway located on a parcel or lot used for vehicle access..

6.12.6. Multiple Flags

A maximum of five single familyClosed One or more individuals residing in a dwelling unit, living as a single housekeeping unit, and complying with the following rules: A.  Any number of individuals related by blood, marriage, or adoption may occupy a dwelling unit; B. Where some or all of the occupants are unrelated by blood, marriage, or adoption, the total number of occupants that are unrelated, shall not exceed six. In applying this provision, children who are under the age of 23 and who are children of the owner or a person renting an entire dwelling unit from the owner shall be counted as a single occupant. In addition, in all cases, the limitation set out in subsection C. below shall apply. C. Where a reasonable accommodation has been approved. D. The presence of household employees or children in foster care shall not disqualify any premises otherwise satisfying the above rules. or duplex lots are permitted to subdivide off of an existing lot of recordClosed Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds.. In no case shall each subdivided lot have less than 5 feet of street frontageClosed The boundary of a property adjacent to one side of a street.. If all flag lots utilize the Reduced Pole Width Option in 6.12.5A.2, the combined width of all poles must be at least 12 feet in width. If any flag lot is a Standard Flag Lot as outlined in 6.12.5A.1, the combined width of all poles must be at least 20 feet in width. A shared drivewayClosed A private roadway located on a parcel or lot used for vehicle access. may be used as the sole access to all such lots.